Now Therefore Be It Proclaimed, that Monday, November 24th, 2008 be observed as Brielle Elementary School Girl's Soccer Team Recognition Day in the Borough of Brielle and all Brielle Residents are asked to honor the achievement of the aforementioned Victors.

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Mayor Nicol said that he hoped to see the Girls win again, next season.

There being no further comments the work session was adjourned at 7:35 p.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.

Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the November 10th, 2008, Regular Meeting were approved on a motion by Coun. Scott seconded by Coun. Garruzzo; all aye; no nays. Passed.

A. To authorize the transfer of certain Municipal Bank Accounts to the Ocean First Bank, 975 Hooper Avenue, Toms River, New Jersey, and to appoint the Mayor, the C.M.F.O. and the Administrator as signatories on all accounts.

Coun. Gorham, seconded by Coun. Shaak, introduced Resolution 08-104 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of November 24th, 2008, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

RESOLUTION NO: 08-103 DATE: NOVEMBER 24TH, 2008

RESOLUTION OF THE BOROUGH OF BRIELLE

WHEREAS, NJSA:40A58 PROVIDES FOR MAKING TRANSFERS BETWEEN BUDGET APPROPRIATION ACCOUNTS DURING THE MONTHS OF NOVEMBER & DECEMBER, AND

WHEREAS, IT HAS BECOME NECESSARY AT THIS TIME TO EXPEND FUNDS IN EXCESS OF THE SUMS APROPRIATED FOR THE PURPOSES SPECIFIED IN THE 2008 BUDGET, AND

NOW THEREFORE BE IT RESOLVED, (NO LESS THAN 2/3 OF THE FULL MEMBERSHIP OF THE GOVERNING BODY AFFIRMATIVELY CONFIRMING), THAT THE FOLLOWING TRANSFERS BE MADE BETWEEN APPROPRIATION ACCOUNTS IN THE 2008 BUDGET:

Mayor Nicol then announced that the time had arrived a hearing and further consideration of "AN ORDINANCE TO RESCIND CHAPTER 14 OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "FIRE PREVENTION" AND TO CREATE A NEW CHAPTER 14 TO REPLACE AND UPDATE THE PREVIOUS ORDINANCE".

The hearing was opened on a motion by Coun. Scott, seconded by Coun. Garruzzo.

The Administrator explained that the ordinance brought the Borough into compliance with current DCA Regulations and provided a new fee schedule as the prior schedule date back to 1984. The Ordinance also mirrored the ordinances now in place in Manasquan and Sea Girt and this offered the potential for a shared service agreement and the attendant economies of scale.

Coun. Shaak was recognized and he complemented Fire Official Brett Nielsen for a "job well done". He added that Mr. Nielsen had worked closely with the Department of Community Affairs who audited the Fire Protection Bureau and, after a lot of "hard work" the Bureau has been brought up to current 2008 standards.

Coun. Bolger also thanked Mr. Nielsen and referenced his correspondence that mentioned that the ordinance was a "first step" toward an inter-local agreement; he asked if anyone could expand on that point?

Coun. Shaak advised that since the Borough Ordinance would mirror those of the Manasquan Fire District and Sea Girt there was an excellent potential for a shared service agreement; he added that all three communities currently shared services, in that each municipality supported the other during vacation time or in an emergency, but this arrangement was informal, the hope was to use the passage of the Brielle Ordinance as a catalyst for a more formal agreement.

Coun. Bolger thought that the ordinance would open the way for a dialogue with the other municipalities and he urged Mr. Nielsen to pursue that option.

The Chair then recognized Mr. Robert Houseal, 608 Rankin Road, who cited the recent presidential election and the subsequent collapse of the stock market; he believed that the two incidents were connected insofar as the federal and state governments created a bloated and inefficient bureaucracy; he hoped that local government would avoid that pitfall, but he feared that the current ordinance did just that.

Citing his credentials as a licensed architect, building and fire inspector and a landscape architect, he advised that he was familiar with the existing code and, while the ordinance under consideration was intended to replace it, the references to the National Fire Protection Code and the Uniform Fire Safety Act within the text, threatened to expand it and create a new bureaucracy.

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Mr. Houseal cited a number of examples from the ordinance that he felt required more specificity. He wondered if Charter Boats were covered by the ordinance and if the Fire Official would have jurisdiction over the Federal Post Office?

He also voiced a concern over the Fire Official having concurrent jurisdiction with the Police Department and the fact that fines would be dedicated to the new Fire Bureau; he saw that as a "financial incentive" to write tickets and a duplication of effort as the Police currently had the power to enforce parking in fire zones and in front of hydrants.

Mr. Houseal also cited a Wall Township case and he believed that the use of "Lock Boxes" for free access to buildings by the Fire Official raised H.I.P.A. issues and could result in a constitutional challenge. He had a particular concern over the proposed "master key" to be provided to the Police Department. He felt that there were privacy issues involved in particular when dealing with health care professionals.

Mr. Houseal also asked if a cost benefit analysis had been conducted? What was the financial impact on local business? How expensive was it to purchase and install the proposed "lock box/key box"? Would these measures result in a reduction to insurance costs? As to the benefits, it appeared that a new level of government was being created.

Coun. Scott offered that the Council's main objective had been safety issues, to ensure that structures in Brielle were in compliance with fire safety. Coun. Scott added that she not an expert in fire safety and sonic of the nuances of the language were vague. She acknowledged Mr. Houseal's credentials and felt that his comments had left her "more confused".

Coun. Nolan asked if the changes were mandated by the State? Coun. Shaak replied in the affirmative. He added that the lock box system had been used with great success although he acknowledged that there had been a court case.

Mayor Nicol interjected that there was a court case in Wall Township, but it was his recollection that the Township had prevailed. The Mayor added that it was vital that firefighters have immediate access in an emergency as a delay could result in a hazard.

Coun. Shaak added that the system was transparent as it was operated by radio waves and all locations were announced over the air.

Coun. Shaak also reminded the public that the ordinance's intention was to both ensure the public's safety and to protect the volunteers who responded to emergencies. The ordinance simply expanded the existing ordinance to include "Non-Life Hazards". Coun. Shaak went on to say that there are parking issues in Brielle relative to fire zones and hydrants, and he added that the ordinance did not apply to charter boats. Coun. Shaak conceded that Mr. Houseal had raised some issues, but he urged Council to go forward.

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Coun. Nolan referred to Mr. Nielsen's letter and the "audit"; he asked if this fell under the auspices of the State Bureau of Fire Safety? Coun. Shaak replied that it did.

Mayor Nicol observed that the Volunteer Fire Company is already a bureaucracy, but one that is vital for the safety of the public.

William Brannick, 805 Schoolhouse Road, asked about one of Mr. Houseal's references to a mandatory health program for fire fighters?

Mr. Houseal explained that the ordinance made a broad reference to the National Fire Prevention Code, a series of volumes that ran thousands of pages, the ordinance was not clear as to what sections it incorporated and so, it might require a health program for fire fighters.

Mr. Houseal felt that the current ordinance was a "model" ordinance and while it might be applicable in Newark or Trenton where there were high-rise buildings and other hazards; it was not necessary in Brielle.

Coun. Shaak pointed out that there were pesticides stored at the Manasquan River Golf Club. Mr. Houseal agreed that there were hazards that needed to be addressed such as paint cans or gasoline stored under stairwells, but he remained adamant that the proposed ordinance went too far.

Coun. Bolger recognized Mr. Houseal's concerns, but noted that "I thought that we were doing the right thing". Coun. Bolger went on to say that Brielle had an antiquated ordinance that was not being enforced. The proposed ordinance was intended to address that issue; he added that, regarding a cost benefit analysis, he thought that it was appropriated to offset the cost of the enforcement operations with fines.

Coun. Garruzzo reminded the public that the primary issue was public safety, but conceded that, perhaps, Mr. Nielsen's analysis was not specific enough. Coun. Garruzzo did not see a dramatic difference in the existing and proposed fee schedules and he asked Mr. Houseal what he meant by a cost benefit analysis?

Mr. Houseal cited the former Crossroad Realty Building on Route #70. How much would the current owner have to pay to install and maintain the proposed lock-box system? How much revenue would the Bureau realize from fines and would the Bureau be duplicated services that were already in place? Mr. Houseal cited New York City and noted that there the Fire Company and Police Department often appeared to be rivals in the provision of certain services.

Coun. Garruzzo did not anticipate any additional expense to the Borough.

Mr. Houseal reiterated that his concern was bureaucracy and he cited a recent attempt in Brick Township to build a standard 2,500 square foot home adjacent to a creek. The Page 159

process began four years ago, but was delayed by each individual level of bureaucracy that feared to make a mistake. The home was finally constructed just in time for the down market. He saw bureaucracy as an impediment to development.

Returning to the theme of cost benefit analysis, Mr. Houseal suggested that the opinion of the business community be solicited.

Coun. Shaak interjected that the emphasis appeared to be on "cost" while the "benefit" to public safety and the safety of the volunteer fire fighters was being ignored. Coun. Shaak acknowledged the legitimacy of some of Mr. Houseal's arguments, but he pointed out that the language was expansion to provide the ordinance with flexibility so that it could be expanded to meet changing situations and to be able to be integrated with a potential inter-local agreement down the road; he again urged a vote.

The Mayor conducted a straw poll and the consensus was to carry the public hearing to December 8th to provide time for procuring additional information. Coun. Bolger noted that, if Public Safety Chairman Garruzzo did not see a downside to carrying the ordinance he did not either.

Mayor Nicol then announced that the time had arrived for a hearing and further consideration of “A PARALLEL ORDINANCE OF THE GOVERNING BODY OF THE BOROUGH OF BRIELLE, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AMENDING THE BOROUGH CODE TO ESTABLISH A NEW CHAPTER 15-4 ENTITLED "ESTABLISHMENT OF A JOINT MUNICIPAL WATER AUTHORITY".

The hearing was opened on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

The Administrator explained that the Local Finance Board had approved the application submitted by the five communities that had participated in the construction of a Water Treatment Plant and Transmission System to become independent of the Monmouth County Improvement Authority.

Coun. Nolan noted that he had attended the meeting of the Local Finance Board and when each town cited his intention to pursue the potential of the new authority to create an inter-local agreement, the Local Finance Board gave unanimous support.

Coun. Bolger offered that he was gratified for the support that all five communities gave to this project and complemented them on their foresight; he thought that it was one of the most significant accomplishments he has been involved in as a Councilman.

Coun. Bolger asked the Administrator to address the potential for cost reductions through the sale of surplus water. The Administrator explained that a number of towns, such as Wall, Spring Lake and Spring Lake Heights have excess water that, under the current Page 160

restrictive contracts, could not be marketed, under the new authority it could be and that could result in a savings for all; he added that new customers, such as Manasquan, Belmar or Lake Como, might also join the group and this could result in even greater savings.

Robert Houseal, 808 Rankin Road, noted that if one thought that gasoline was expensive, look at the price of water in the future, he added his support for the project, but he urged the Council to seek a baseline standard as to what contaminates were currently in the water that, albeit it potable by N.J.D.E.P. standards could contain contaminates.

Mr. Houseal cited frequent canoe trips along the Manasquan Water Shed and he noted that he would not swim in the water after seeing first hand what was floating in it, but yet "we drink it", he observed.

The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Nolan.

Mayor Nicol then announced that the time had arrived for the introduction and passage on first reading of “AN ORDINANCE TO AMEND AND SUPPLEMENT ORDINANCE NO. 983 "AN ORDINANCE FIXING THE SALARIES & COMPENSATIONS OF THE VARIOUS OFFICERS & EMPLOYEES OF THE BOROUGH OF BRIELLE".

Coun. Garruzzo, seconded by Coun. Nolan, introduced Resolution 08-108 to authorize publication of the foregoing ordinance in the Coast Star for a hearing to be held on December 8th, 2008 @ 7:30 p.m. at Borough Hall. Vote: Coun. Bolger, Garruzzo, Gorham, Nolan, Scott & Shaak; all aye. No nays. Passed.

Mayor Nicol then called for committee reports and recognized Coun. Scott who reminded the public that leaves and brush must be kept separated; otherwise they would be left at the curb. Brush collection would resume on December 15th when leaf season ended.

Coun. Scott also addressed the concern of an anonymous caller to her home regarding the placement of holiday lights on municipal trees by an outside contractor. The reason for the out-sourcing was that the Borough did not have the equipment "bucket loader" required for the job and borrowed one, hence liability and safety issues. Manpower was scarce during leaf season and the DPW was already overextended.Page 161 24th November 2008

Coun. Scott also noted that the Board of Recreation defrayed the cost for the Christmas Tree in Brielle Park and the decorative wreaths and lights at Curtis House, so there was no direct cost to the taxpayer. Coun. Scott hoped that her comments satisfied the caller, but if she wished to discuss the matter further, Coun. Scott was available.

Coun. Nolan cited the Library Programs that included a "sign language" program for Kids and for adults an imaginative version of Dickens’s "A Christmas Carol" on December 18th. The Library was also reviewing applications to fill a vacant Board seat.

Turning to Recreation, Coun. Nolan advised that the annual Tree Lighting Ceremony would take place on December 7th @ 6:00 p.m. In closing he praised the Brielle/Manasquan Junior Midget Cheerleaders for their recent triumph in the state championships.

Coun. Garruzzo and Shaak having no reports, Coun. Bolger followed suit, but added his best wishes to all a "Happy Thanksgiving" and he urged the public to come out on that day to support the Manasquan Big Blue Football Squad in their game against Wall Township. Coun. Bolger also noted that Manasquan had clinched a spot in the State Championship Competition.

Coun. Gorham having no report the meeting was opened to the public and the Chair recognized Dara Hawthrone, 3 Courtyard Lane, who asked if the Borough would be replacing the dead shrubs along Higgins Avenue and the perimeter of the Trailer Park?

Mr. Burkhardt advised that it was a project for the Spring. Ms. Hawthrone concurred, but added that she also had a concern about ivy that should be removed and she offered to assist in that effort. Coun. Scott accepted her kind offer.

The Chair then recognized Borough Historian John Belding who wished to share with the Council his recent acquisition of a rare map that detailed original riparian rights along the Manasquan River.

The map had been acquired in deteriorated condition, but had been restored by the Archive Center in Manalapan. The map would be displayed at the conclusion of the meeting.

Mr. Belding also thanked Superintendent Burkhardt for his donation of, and refinishing of, a map case from his office to the Historian’s.

There being no further comments, the meeting was adjourned at 8:40 p.m. on a motion by Coun. Garruzzo, seconded by Coun. Nolan.